Topeka Bridge & Iron Co. v. Board of County Commissioners

The opinion of the court was delivered by

Porter, J.:

In this action the plaintiff seeks by mandamus to compel the defendant to carry out a contract for the erection of a bridge. In a former opinion (Bridge & Iron Co. v. Labette County, 97 Kan. 142, 154 Pac. 230), it was held that inasmuch as the remedy in an action at law is not fairly adequate, mandamus is a proper remedy. Because of the fact that defendant desired to aid the court in its solution of the question of law involved, by presenting testimony relating to reinforced concrete bridge construction, leave was granted to both *294parties to…